A/HRC/26/35/Add.1
United Nations / A/HRC/26/35/Add.1/ General Assembly / Distr.: General
23 April 2014
Original: English
Human Rights Council
Twenty-sixth session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Special Rapporteur on the human rights ofmigrants, François Crépeau
Addendum
Mission to Qatar[*]
SummaryWhile recognizing that Qatar has the highest proportion of migrants of any country in the world, who outnumber Qatari nationals by far, and that this creates unique challenges, the Special Rapporteur concludes that efforts need to be stepped up to prevent human rights abuses against migrants.
Migrants often pay recruitment fees and arrive in Qatar heavily indebted, only to have their passports confiscated upon arrival and the contract signed in their home country replaced, significantly reducing their salary and often changing the nature of their work. Exploitation is frequent and migrants often work without pay and live in substandard conditions. Domestic workers are excluded from the labour law and are particularly vulnerable to abuse.
The recruitment process for migrants needs to be further formalized in order to prevent exploitation and legislation must be enforced in order to ensure their rights are respected. The kafala (sponsorship) system, which links a work permit to a single employer, is a source of abuse and exploitation of migrants and should be abolished.
The Special Rapporteur also notes the responsibilities of the countries that send migrants to Qatar and the private sector.
Annex
[English and Arabic only]
Report of the Special Rapporteur on the human rights ofmigrants, François Crépeau, on his mission to Qatar
(3 to 10 November 2013)
Contents
Paragraphs Page
I. Introduction 1–4 4
II. General background: migration in Qatar 5–7 4
III. Normative and institutional framework for the protection of the human
rights of migrants 8–24 5
A. International legal framework 8–10 5
B. Regional legal framework 11–12 5
C. National legal and institutional framework 13–24 6
IV. Recruitment practices 25–43 7
A. The kafala (sponsorship) system 25–32 7
B. The recruitment process 33–38 8
C. Bilateral agreements 39–41 9
D. The role of migrant-sending countries 42–43 10
V. Human rights violations in the workplace 44–47 10
VI. Domestic workers 48–50 11
VII. Access to remedy for human rights violations 51–54 12
VIII. Detention of migrants in an irregular situation 55–68 13
A. Detention practices and legislation 55–59 13
B. Detention conditions 60–63 14
C. Procedural safeguards 64–66 14
D. Alternatives to detention 67–68 15
IX. Cross-cutting concerns 69–77 15
A. Xenophobia and the perception of migrants 69–70 15
B. Irregular migrants 71 16
C. Single mothers 72 16
D. The 2022 World Cup 73–74 16
E. The responsibilities of the private sector 75–77 16
X. Conclusions and recommendations 78–148 17
A. Normative and institutional framework for the protection of the human
rights of migrants 82–89 17
B. Recruitment practices 90–99 18
C. Human rights violations in the workplace 100–110 19
D. Domestic workers 111–115 20
E. Access to remedy for human rights violations 116–120 20
F. Detention of migrants in an irregular situation 121–127 20
G. Cross-cutting concerns 128–133 21
H. Recommendations to migrant-sending countries 134–139 22
I. Recommendations to the private sector 140–148 22
I. Introduction
1. The Special Rapporteur on the human rights of migrants, François Crépeau, conducted an official visit to Qatar from 3 to 10 November 2013 at the invitation of the Government. As the visit focused mainly on labour migration and recruitment practices, this report does not provide a comprehensive overview of the human rights situation of migrants in Qatar.
2. During the mission, the Special Rapporteur met Government representatives (including the Ministry of Labour, the Ministry of Interior, the Ministry of Justice, the Ministry of Foreign Affairs, the Supreme Council for the Judiciary, the Public Prosecution, and the Qatar 2022 Supreme Committee), representatives of the diplomatic community, the National Human Rights Committee, foundations, academics and migrants themselves. He also visited the deportation centre, the central prison and several shelters.
3. Due to the focus on recruitment of the visit, at the initiative of the Special Rapporteur the Ministry of Foreign Affairs organized a workshop during the visit to discuss recruitment practices. The workshop was attended by, inter alia, representatives of the Government, the United Nations, the National Human Rights Committee, the diplomatic community, foundations, recruitment agencies and construction companies.
4. The Special Rapporteur expresses his appreciation for the cooperation extended to him by the Government prior to, throughout and after the visit. He also thanks the staff of the United Nations Human Rights Training and Documentation Centre for South-West Asia and the Arab Region in Doha for their valuable support and assistance.
II. General background: migration in Qatar
5. Revenues from oil and natural gas have enabled Qatar to attain the highest GDP per capita in the world. Qatar has made significant investments in infrastructure and construction. The population has increased from approximately 111,000 in 1970 to 1.9 million in 2013, largely due to the arrival of migrant labour beginning in the early 1980s. The majority of the migrants in Qatar are from South and South-East Asia, including Bangladesh, India, Indonesia, Nepal, Pakistan, the Philippines and Sri Lanka. There is also a significant number of Arab-speaking migrants, many of whom hold posts in the public sector.
6. Qatar is heavily dependent on migrant labour and has the highest ratio of migrants to citizens in the world. Approximately 88 per cent of the total population are migrants, commonly referred to as “foreign workers”. They are employed largely in construction, services and domestic work. This situation poses unique challenges for the Qatari authorities and society and fuels a legitimate anxiety about national identity. However, it must be stressed that those migrants are in Qatar at the invitation of the Government and have received work permits in order to fill labour needs largely created by the booming economy, massive construction projects and widespread reliance on domestic workers, allowing Qataris to enjoy high levels of comfort.
7. The 2022 World Cup will create a need for additional migration to Qatar. In addition to stadiums and related infrastructure, a metro system and a railway system are in the process of being built and the road system and hotel capacity will be expanded.
III. Normative and institutional framework for the protection ofthe human rights of migrants
A. International legal framework
8. Qatar is a party to the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of Persons with Disabilities and the Convention on the Rights of the Child and its Optional Protocols on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict. However, Qatar has not ratified the International Covenant on Economic, Social and Cultural Rights or its Optional Protocol; the International Covenant on Civil and Political Rights or its two Optional Protocols; the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; the International Convention for the Protection of All Persons from Enforced Disappearance; or the Optional Protocols to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of Persons with Disabilities, or the Convention on the Rights of the Child on a communications procedure
9. Qatar has ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol). However, it has not adhered to the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, the Convention relating to the Status of Refugees and its protocol, the Convention on the Reduction of Statelessness, or International Labour Organization (ILO) Conventions No. 97 concerning Migration for Employment (1949), No. 143 concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (1975), No. 87 concerning Freedom of Association and Protection of the Right to Organize (1948), No. 98 concerning the Application of the Principles of the Right to Organize and to Bargain Collectively (1949), No. 189 concerning Decent Work for Domestic Workers (2011), or No. 181 concerning Private Employment Agencies (1997).
10. The Special Rapporteur hopes that the assurances he has received that the Government of Qatar is looking into the ratification of treaties, such as the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and some ILO conventions, will bear fruit soon.
B. Regional legal framework
11. Qatar has been a member State of the League of Arab States since 1971 and became a party to the Arab Charter on Human Rights in 2009.
12. Qatar is a member of the Cooperation Council for the Arab States of the Gulf (Gulf Cooperation Council). There have been discussions in the Council concerning the adoption of a common law or a common model contract for domestic workers.
C. National legal and institutional framework
1. National laws
13. The permanent constitution was adopted in 2005. According to its article 6, the State shall respect international charters and conventions and strive to implement all international agreements, charters and conventions to which it is a party.
14. The constitution further provides, in article 35, that all persons are equal before the law and that there shall be no discrimination whatsoever on grounds of sex, race, language or religion. Article 36 states that personal freedom shall be guaranteed and no person may be arrested, detained or searched, nor may his freedom of residence and mobility be restricted save under the provisions of the law; no person may be subjected to torture or any degrading treatment; and torture shall be considered a crime punishable by law.
15. Article 44 guarantees the right of citizens to assemble and article 45 guarantees the right of citizens to establish associations. Article 52 provides every person who is a legal resident of the State protection to his person and property in accordance with the provisions of the law.
16. The main law governing migration is Law no. 4 of 2009 Regarding Regulation of Expatriates’ Entry, Departure, Residence and Sponsorship (the Sponsorship Law). Article 18 provides that each expatriate granted an entry visa to Qatar shall have a sponsor. Apart from women sponsored by the head of the family, minors and visitors staying 30 days or less, all expatriates may only leave the country temporarily or permanently on submission of an exit permit granted by the residence sponsor.
17. The Labour Law of 2004 regulates the employment of all workers, except certain excluded categories (including domestic workers).
2. National institutions and policies
18. The Ministry of Interior is responsible for the entry and exit of migrants and the sponsorship system, including the transfer of sponsorship. The Search and Follow-up Department of the Ministry is responsible for the deportation of migrants and manages the deportation centre. The Human Rights Department receives and investigates complaints from migrants and undertakes visits to the deportation centre.
19. The Ministry of Labour is responsible for labour inspections (both health and safety inspections and worksite inspections), receiving complaints from workers and the recruitment of migrant workers, including certifying contracts and issuing visas and work permits. The Ministry of Labour deals with cases of abuse against migrants by negotiating between the migrant and the employer and it can contact the Ministry of Interior to check if the sponsorship can be transferred.
20. The National Human Rights Committee was established in accordance with Law No. 38 (2002) and reorganized in accordance with Law no. 17 (2010). It is accredited with “A” status by the International Coordination Committee of National Human Rights Institutions. The National Committee undertakes important work to enhance the protection of the human rights of migrants in Qatar, inter alia by assisting them in making complaints to the Ministry of Interior and the Ministry of Labour.
21. The Qatar Foundation for Combating Human Trafficking was established in 2003 by the Supreme Council for Family Affairs and transferred into a foundation by Sheikha Moza bint Nasser. The mission of the Foundation is to protect society from human trafficking and provide integrated care for victims. It operates a shelter for women victims of trafficking.
22. The Qatar Foundation for Education, Science and Community Development is a private, non-profit organization. It was founded in 1995 by Sheikh Hamad Bin Khalifa Al Thani and Sheikha Moza bint Nasser. The Foundation has launched a welfare initiative that is designed to curb unfair employment practices. Its mandatory standards of migrant workers’ welfare set forth minimum mandatory requirements with respect to recruitment, living and working conditions and general treatment of workers engaged in construction and other projects at the Qatar Foundation.
23. The Qatar 2022 Supreme Committee was created after Qatar won the bid to host the FIFA World Cup in 2022. Its main responsibilities are the infrastructure projects related to the World Cup stadiums.
24. Qatar National Vision 2030, launched in 2008, aims to transform Qatar into an advanced country. It rests on four pillars: human, social, economic and environmental development. The National Development Strategy 2011–16 was prepared to set a path towards achieving the goals of Qatar National Vision 2030. The Strategy provides that the labour laws will be revised to protect further the rights and safety standards of all expatriate workers within a comprehensive social protection framework and in accord with international norms and standards. It further states that improving labour rights will not only benefit employees but also enhance the global image of Qatar as a leading and progressive nation. It sets as a target an increase from 6 to 20 in the number of ILO conventions signed.